Construction, Forestry and Maritime Employees Union

[2025] FWCA 3551

The attached document replaces the document previously issued with the above code on 23 October 2025.

Sealed and corrected publication date

Associate to Commissioner Thornton

Dated 23 October 2025

[2025] FWCA 3551

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

dnata Airport Services Pty Ltd

(AG2025/2912)

DNATA SOUTH AUSTRALIA PASSENGER SERVICES ENTERPRISE AGREEMENT 2025

Airline operations
COMMISSIONER THORNTON	ADELAIDE, 23 OCTOBER 2025

Application for approval of the dnata South Australia Passenger Services Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the dnata South Australia Passenger Services Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by dnata Airport Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a Delegates’ Rights Term that is consistent with sections 205A(2) and (3) of the Act. Pursuant to s.205A(2), the Workplace Delegates’ Rights term in Clause 31A of the Airline Operations – Ground Staff Award 2020 is taken to be a term of the Agreement.

Noting that the Applicant has given undertakings that includes the insertion of a National Employment Standards (NES) precedent clause, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act from 30 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the dnata South Australia Passenger Services Enterprise Agreement 2025. The parties to the agreement were the Construction, Forestry and Maritime Employees Union and dnata Pty Limited, a company operating in the passenger services industry. The union sought approval of the agreement under the Fair Work Act 2009, arguing that it contained appropriate terms and conditions for the employees covered by the agreement.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also had to determine whether the agreement met the requirements for "better off overall" compared to the applicable awards and whether it provided for genuine collective bargaining.

In making its decision, the Commission considered the submissions made by the parties and the evidence presented. The Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also found that the agreement was "better off overall" for the employees compared to the applicable awards and that it provided for genuine collective bargaining. Based on these findings, the Commission approved the agreement, subject to certain conditions and reservations.

The final orders of the Commission were that the dnata South Australia Passenger Services Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act, with certain conditions and reservations. The agreement was to be registered by the Registrar of the Fair Work Commission and would come into effect on the date of registration. The parties to the agreement were required to comply with the conditions and reservations imposed by the Commission, including provisions for the review of the agreement and the resolution of any disputes that may arise under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established